There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
Blog
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Daily Iowan
The Growth of the Administrative State
The Daily Iowan reports on Wayne Crews's report on the size of the federal regulatory burden. The Competitive Enterprise Institute has issued its…
Blog
Regulation of the Day 182: PowerPoint Presentations
A political party in Switzerland is seeking to ban Microsoft PowerPoint presentations in meetings.
Daily Iowan
The Cost Of Government Regulation
“You, there: stop complaining and start hiring!” That is essentially the Obama administration’s message to businesses. This is an administration that seems to believe that…
Blog
Alcohol Regulation Roundup: Independence Day Edition
Hopefully, this Independence Day weekend you liberated some nice libations from their containers. As Founding Father Ben Franklin said, “there can’t be good living where…
Blog
The National Labor Relations Act Turns 76
The National Labor Relations Act (NLRA) turns 76 today. This day should give pause to those who have been following the National Labor Relations…
Blog
Regulation of the Day 181: Offensive Bumper Stickers
Tennessee drivers can be fined $50 if someone else finds their bumper sticker offensive.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment